In furtherance to what we reported earlier (please refer to e-mails in trail), the Government of Haryana has revised the conditions in respect of safety and security measures for factories intending to apply for exemption (under the provisions of the Factories Act, 1948) on employing women during night shifts i.e., between the hours of 7:00 pm to 6:00 am. The prescribed conditions are in supersession of all earlier Notifications in this regard and such exemption will be valid for one calendar year.

Key Highlights:

1. No women must be subjected to sexual harassment at any workplace in the factories.
2. The occupier must comply with the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
3. The occupier must constitute a Committee to be known as the Internal Committee (IC) as per the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. Where the offices or administrative units of the workplace are located at different places or divisional or sub divisional level, the Internal Committee should be constituted at each administrative units or offices or workplaces separately.
4. The occupier must display the order for constitution of the IC at a conspicuous places at the workplace.
5. The occupier must prepare and revise the general policy indicating the commitment to the prohibition of sexual harassment of the women worker at workplace.
6. The occupier must provide proper lighting and CCTV cameras not only inside the factory, but also surrounding of the factory and to all places where the female workers may move out of necessity in the course of her work.
7. The occupier or manager must ensure that the women workers are employed in a batch of not less than ten.
8. The occupier must provide transportation facility to the women workers from their residence and back.
9. The occupier must provide security guards (including female security guard), well trained & responsible drivers, proper communication channels in each vehicle. Include other practical measures such as installation of CCTV cameras, GPS etc. in each vehicle to ensure the safety and security of women workers.
10. In case of the driver employed through outsourcing, the management must ensure to its satisfaction that the collection of Bio-data and conduct pre-employment screening of the antecedents of the drivers carried out by the service provider
11. Sufficient women security guards must also be provided at the entry as well as exit point of the factory.
12. The supervisors or shift-in-charge or other supervisory staff deputed for the women workers working during night shift must be a woman.
13. Declaration/consent from each women worker including security guard, supervisors, shift- in-charge or any other women staff to work during night shift i.e. between 07.00PM to 06.00AM must be obtained.
14. The occupier must provide appropriate medical facilities by engaging a doctor / female nurse during night shift.
15. Where more than hundred women workers are employed in the shift, a separate vehicle also must be kept ready to meet any emergent situation such as hospitalization, whenever there is a case of injury or incidental acts of harassment etc.
16. Display telephone numbers like Police, Hospital, Members of Internal Committee etc. at conspicuous places.
17. In other respects, the provisions of the Factories Act, 1948 and the Rules of other statutory provisions with respect to the hours of work, rest intervals, holidays, separate canteen or rest room facility for women workers, the provisions of Payment of Equal Remuneration Act and all other Labour Legislations must be followed by the occupier of the factory.
18. The women workers working in all shifts must have a monthly meeting through their representatives with the occupier as grievance day and the occupier must try to comply all just and reasonable grievances.
19. The occupier must organise workshops, orientation programs and awareness programs at regular intervals for sensitising the women workers about their rights to protection against sexual harassment at workplace and the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and rules framed thereunder.
20. The occupier or manager must send a copy Annual report prescribed under Section 22 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 on or before the 31st January of each year to the Labour Commissioner, Haryana and Assistant Director, Industrial Safety & Health of their jurisdiction about the details of women workers.
21. An express report must also be send to the concerned Assistant Director, Industrial Safety & Health and local Police Station as well, whenever there is some untoward incident.
22. Any other condition as may be specified in this regard by the Central or State Government from time to time.

A copy of the Circular is linked below for your ease of reference.

Source: Labour Department of Haryana

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